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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 2014-CA-001921
BRANCH BANK AND TRUST COMPANY, a national banking
association and as successor in interest to Colonial Bank by acquisition of assets from the FDIC as Receiver for Colonial Bank, as successor by conversion to Colonial Bank, N.A.,
Plaintiff, vs.
6709 RIDGE ROAD, LLC, a Florida limited liability company, JOSEPH RETTIG, an individual, ROBERT J.
GRESS, JR., an individual,
ROBERT J. GRESS, SR., an individual, JEFFERY M. FOX, an individual, PATRICK O'CONNOR, an individual, PAUL
DIGIROLAMO, an individual,
JESSE MASSINGILL, an
individual, RYAN L. LOLKUS, an individual, REX A. MCKINNEY, an individual, and KATHY E.
MCKINNEY, an individual,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Stipulated Final Judgment of Foreclosure dated December 18, 2014 and entered in Case No. 2014-CA-001921, of the Circuit Court for Pasco County, Florida, Paula S. O'Neil, Ph.D., the Clerk of the Circuit Court, will sell to the highest and best bidder for cash at public sale by an electronic online auction sale at www.pasco.realforeclose.com, on February 6, 2015, at 11:00 a.m., the following described property as set forth in said Stipulated Final Judgment of Foreclosure:
See attached EXHIBIT “A”
EXHIBIT “A”
LEGAL DESCRIPTION
A PORTION OF COMMERCIAL TRACT “I” RIDGE GARDENS, AS SHOWN ON PLAT RECORDED IN PLAT BOOK 12, PAGES 4-7 INCLUSIVE OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 25 SOUTH, RANGE 16 EAST; THENCE RUN SOUTH 89 DEGREES 58 MINUTES 1O SECONDS EAST, 65.00 FEET ALONG THE SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28; THENCE NORTH 00 DEGREES 07 MINUTES 39 SECONDS EAST, 70.00 FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF CONGRESS BOULEVARD AND THE NORTH RIGHT-OF-WAY LINE OF RIDGE ROAD (STATE ROAD NO. 587-A) AS NOW ESTABLISHED; THENCE 140.24 FEET ALONG THE ARC OF A CURVE CONCAVED TO THE RIGHT, HAVING A RADIUS OF 3452.26 FEET, A CHORD OF 140.23 FEET BEARING NORTH 01 DEGREES 17 MINUTES 28 SECONDS EAST ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE SOUTH 89 DEGREES 52 MINUTES 21 SECONDS EAST, 334.65 FEET; THENCE SOUTH 74 DEGREES 51 MINUTES 43 SECONDS EAST, 195.81 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST 143.85 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 124.50 FEET; THENCE NORTH 77 DEGREES 40 MINUTES 10 SECONDS EAST, 214.10 FEET; THENCE NORTH 66 DEGREES 28 MINUTES 34 SECONDS EAST 291.15 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 29 SECONDS WEST, 260.79 FEET ALONG THE EAST BOUNDARY LINE OF SAID COMMERCIAL TRACT “I“ ; THENCE NORTH 89 DEGREES 58 MINUTES 10 SECONDS WEST 599.08 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE NORTH 00 DEGREES 32 SECONDS 01 MINUTES WEST 98.60 FEET TO
THE POINT OF BEGINNING. THE WEST 20.00 FEET OF THE EAST 30.00 FEET IS SUBJECT TO AN EASEMENT OF INGRESS, EGRESS. DRAINAGE AND UTILITIES.
TOGETHER WITH THE PERPETUAL RIGHTS TO A 20.00 FOOT WIDE INGRESS, EGRESS, DRAINAGE AND UTILITIES EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 25 SOUTH, RANGE 16 EAST; THENCE RUN SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 65.00 FEET ALONG THE SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28; THENCE NORTH 00 DEGREES 07 MINUTES 39 SECONDS EAST, 70.00 FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF CONGRESS BOULEVARD AND THE NORTH RIGHT-OF-WAY LINE OF RIDGE ROAD (STATE ROAD NO. 587-A) AS NOW ESTABLISHED; THENCE 140.24 FEET ALONG THE ARC OF A CURVE CONCAVED TO THE RIGHT, HAVING A RADIUS OF 3452.26 FEET, A CHORD OF 140.23 FEET BEARING NORTH 01 DEGREES 17 MINUTES 28 SECONDS EAST ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING: THENCE CONTINUE 20.02 FEET ALONG THE ARC OF A CURVE CONCAVED TO THE RIGHT HAVING A RADIUS OF 3452.26 FEET, A CHORD OF 20.02 FEET BEARING NORTH 02 DEGREES 37 MINUTES 16 SECONDS EAST ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE SOUTH 89 DEGREES 52 MINUTES 21 SECONDS EAST, 336.40 FEET; THENCE SOUTH 74 DEGREES 51 MINUTES 43 SECONDS EAST, 195.79 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 261.07 FEET; THENCE NORTH77 DEGREES 40 MINUTES 10 SECONDS EAST, 215.07 FEET; THENCE NORTH 66 DEGREES 28 SECONDS 34 MINUTES EAST, 295.23 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 29 SECONDS WEST, 21.84 FEET ALONG THE EAST BOUNDARY LINE OF SAID COMMERCIAL TRACT “I”; THENCE SOUTH 66 DEGREES 28 MINUTES 34 SECONDS WEST, 291.15 FEET; THENCE SOUTH 77 DEGREES 40 MINUTES 10 SECONDS WEST, 214.10 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 10 SECONDS WEST, 268.35 FEET; THENCE NORTH 74 DEGREES 51 MINUTES 43 SECONDS WEST, 195.81 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 21 SECONDS WEST, 334.65 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
A PORTION OF COMMERCIAL TRACT “I” RIDGE CREST GARDENS, AS SHOWN ON PLAT RECORDED IN PLAT BOOK 12, PAGES 4-7, INCLUSIVE, OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 25 SOUTH, RANGE 16 EAST; THENCE RUN SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 65.00 FEET ALONG THE SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28; THENCE NORTH 00 DEGREES 07 MINUTES 39 SECONDS EAST, 70.00 FEET TO THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS BOULEVARD AND THE NORTH RIGHT-OF-WAY LINE OF RIDGE ROAD (STATE ROAD NO. 587-A) AS NOW ESTABLISHED; THENCE 140.24 FEET ALONG THE ARC OF A CURVE CONCAVED TO THE RIGHT ALONG SAID EASTERLY RIGHT-OF-WAY LINE, HAVING A RADIUS OF 3452.26 FEET, A CHORD OF 140.23 FEET BEARING NORTH 01 DEGREES 17 MINUTES 28 SECONDS EAST; THENCE SOUTH 89 DEGREES 52 MINUTES 21 SECONDS EAST, 334.65 FEET; THENCE SOUTH 74 DEGREES 51 MINUTES 43 SECONDS EAST, 195.81 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 268.35 FEET; THENCE NORTH 77 DEGREES 40 MINUTES 10 SECONDS EAST, 85.66 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 50 SECONDS WEST, 18.93 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 70.00 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 50 SECONDS EAST, 15.00 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 32.00 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 50 SECONDS WEST, 47.00 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 10 SECONDS WEST, 102.00 FEE; THENCE NORTH 00 DEGREES 01 MINUTES 50 SECONDS EAST, 32.00 FEET TO THE POINT OF BEGINNING.
SUBJECT TO AN INGRESS, EGRESS, DRAINAGE AND UTILITY EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 25 SOUTH, RANGE 16 EAST; THENCE RUN SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 65.00 FEET ALONG THE SOUTH BOUNDARY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28; THENCE NORTH 00 DEGREES 07 MINUTES 39 MINUTES EAST, 70.00 FEET TO THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS BOULEVARD AND THE NORTH RIGHT-OF-WAY LINE OF RIDGE ROAD (STATE ROAD 587-A) AS NOW ESTABLISHED; THENCE 140.24 FEET ALONG THE ARC OF A CURVE CONCAVED TO THE RIGHT ALONG SAID EASTERLY RIGHT-OF-WAY LINE, HAVING A RADIUS OF 3452.26 FEET, A CHORD OF 140.23 FEET BEARING NORTH 01 DEGREES 17 MINUTES 28 SECONDS EAST; THENCE SOUTH 89 DEGREES 52 MINUTES 21 SECONDS EAST, 334.65 FEET; THENCE SOUTH 74 DEGREES 51 MINUTES 43 SECONDS EAST, 195.81 FEET; THENCE SOUTH 89 DEGREES 58 SECONDS 10 MINUTES EAST, 143.85 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 25.00 FEET; THENCE SOUTH 00 DEGREES 32 SECONDS 01 MINUTES EAST, 54.60 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 10 SECONDS EAST, 11.60 FEET; THENCE SOUTH 00 DEGREES 32 SECONDS 01 MINUTES EAST, 44.00 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 01 SECONDS WEST, 36.60 FEET; THENCE NORTH 00 DEGREES 32 SECONDS 01 MINUTES WEST 98.60 FEET TO THE POINT OF BEGINNING.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE.**
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext 8110 (V) in Dade City, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711. The court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
Dated: January 8, 2015
/s/ W. Keith Fendrick
W. Keith Fendrick, Esq.
Florida Bar No. 0612154
e-mail: [email protected]
Holland & Knight LLP
100 N. Tampa St., Suite 4100
Tampa, FL 33602
Phone: 813-227-8500
Fax: 813-229-0134
Counsel for Plaintiff
January 16, 23, 2015 15-00242P